Loading...
HomeMy WebLinkAboutMinutes 02-05-2002 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 5, 2002 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Jim Morgan Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Richard Treverton Council Members Absent: Larry Weber Via Others Present: Bennett Boucher, City Manager Mark McQuagge, City Attorney Susan Stills, City Clerk Morris Reid, Building Official Nancy Hanson, Recreation Director Dave Sargeant, CCVFD, Fire Chief PRESENTATIONS: City -Wide Clean Up Sponsors Mayor Randels acknowledged and spoke on the efforts of those who participated in the Citywide clean up project on Saturday, January 19"'. He presented recipients with a Mayor's award for their service to the City. Deputy Victor Velez accepted by Lt. Gary Young Deputy Dee Meisner Linda Frank, Waste Management, Inc. Keep Brevard Beautiful, Kacee Weber and members of Citizens for a Cleaner Canaveral accepted on behalf of Larry Weber 1 City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 5, 2002 Page 2 Acknowledgement to Sargeant Dana Doucette Mayor Pro Tem Buzz Petsos related that Sargeant Dana Doucette would be leaving the Cape Canaveral Precinct due to a promotion to lead the Brevard County Bomb Squad Unit. Mayor Randels presented a Mayor's Award to Sargeant Doucette in honor of his 16 years of service at the Cape Canaveral precinct. Lt. Gary Young introduced Sargeant Bert Gammon as the new member of the Cape Canaveral Precinct. CONSENT AGENDA: Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. Mr. Boucher requested to remove Item No. 2 from the Consent Agenda for discussion. 1 1. City Council Regular Meeting Minutes of January 15, 2002. 3. Resolution No 2002 -06; Appointing a Regular Member to the Beautification Board. (Lisa Moore) 4. Resolution No 2002 -07; Appointing an Alternate Member to the 1 Business and Cultural Development Board. (Gayla Schaefer) i 5. An Outdoor Entertainment Permit for the Patriot's Day Parade, Saturday, March 9, 2002. 6. Cooperative Purchase of a 2002 Ford Crown Victoria, for the CCVFD from Garber Ford Mercury, Inc. 7. Cancellation of the Regular City Council Meeting on February 19, 2002. 1 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Items No. 1, 3, 4, 5, 6 and 7. The vote carried on the motion as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Mr. Treverton, For 2. Budget Amendments and City Treasurer's Quarterly Report. Mr. Boucher explained that he chose to back out the increase in the Local Half -Cent Sales Tax. Mr. Boucher thought it premature to increase that amount at this time and the trend analysis shows the City considerably on target yet slightly under and he did not see a need for an increase at this time. Mr. Boucher explained that to proceed City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 5, 2002 Page 3 with the increase would possibly reduce the contingency from its current $47,284 which would reduce the General Fund contingency to $19,055 and that would be his only change at this time. Mayor Randels explained further that the City Treasurer attempted to increase the Local Half -Cent Sales Tax revenue amount based on information from the County, however the Council chooses a conservative approach in that until the Sales Tax Revenue is received, credit would not be applied. Mr. Boucher noted that the pedway bridge improvements were accounted but the revenue would be booked in when the City enters into the Interlocal agreement with Brevard County. The contingency fund will increase by the $45,000 from the pedway bridge project. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to Approve Item No. 2 with the revision of backing out the increase of projected revenue of the Half -Cent Sales Tax of $28,229 and removing that amount from the General Fund Contingency. The vote carried on the motion as follows: Mr. Morgan, For Mayor Pro Tem Petsos, For; Mayor Randels, For; and Mr. Treverton, For. RESOLUTIONS: 8. Motion to Adopt: Resolution No 2002 -08; Requesting That the Florida Legislature Maintain All of Brevard County in One Congressional District. Mayor Randels read Resolution No. 2002 -08 by ti tle. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO CONGRESSIONAL DISTRICT REAPPORTIONMENT; EXPRESSING CONCERN REGARDING SPLITTING BREVARD COUNTY INTO MULTIPLE CONGRESSIONAL DISTRICTS; REQUSTING THAT THE FLORIDA LEGISLATURE MAINTAIN ALL OF BREVARD COUNTY IN ONE CONGRESSIONAL DISTRICT; DIRECTING THAT COPIES OF THIS RESOLUTION BE FORWARDED TO CERTAIN MEMBERS OF THE FLORIDA LEGISLATURE, THE BREVARD STATE LEGISLATIVE DELEGATION, AND OTHERS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to approve Resolution No. 2002 -08 for discussion. Mayor Randels explained that as a result of the census, changes are proposed to the boundaries of Congressional districts in attempt to even distribution. The population figure for the districts this year is 639,295. Therefore, the people in Florida are divided in blocks of approximately 640,000 for representation. In the Fifteenth Congressional District, Congressman Weldon's district, Brevard County has increased by 78,990 people and a line must be drawn to divide them. Mayor Randels explained that the intent is to send a copy of this resolution to the people responsible for the redistricting and encourage them that those in Brevard and Indian River Counties would like to remain intact. : C City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 5, 2002 Page 4 Mr. Morgan queried of Mayor Randels that if the County were split, who would it favor. Mayor Randels asked for clarification on favoring in which way? Mr. Morgan responded that for someone it would make a difference to keep it as is as one district and that would favor Congressman Weldon. Mayor Randels stated it favored that no matter who represents the district and he said that he would not like to have Cape Canaveral split in half with separate representation. Mayor Randels restated that the intent of the resolution is for the County to remain intact. Mayor Randels clarified that as an individual he did not desire to see the City split for representation. Mr. Treverton expressed that he also favored maintaining cohesion with one representative. Mayor Pro Tem Petsos advocated in an opposing viewpoint how it I might be beneficial to have two representatives speaking on behalf of the space industry. Mayor Randels responded that the intent is good if the space industry is the interest of both parties. Mayor Pro Tem Petsos expressed his favor however in I keeping the County together for the benefit of making a uniform decision and not divided by the special interest of different districts. Mr. Treverton restated his favor for cohesion in the district and expressed that he did not choose to become 1 susceptible to gerrymandering of legislative decisions due to a split district. Mayor I Randels directed the City Clerk or City Manager to forward a copy of the resolution to the members of the delegation committee. The vote carried on the motion as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For Mayor Randels, For; and Mr. Treverton, For. Y DISCUSSION: 9. Brevard Crossings Mall. 1 Mayor Pro Tem Petsos, who serves on the Regional Planning Council, provided background on the proposed mall. Mayor Randels expressed his concern with making a decision on a project in another city in light of the same practice being applied by other municipalities toward Cape Canaveral. Mr. Treverton expressed concerned on the effect of a larger complex on the existing local mall. Mr. Morgan said that initially it might be good for the economy but after a while the mall might feel some impact. Mr. Boucher stated that the Cocoa Beach Area Chamber of Commerce is in favor of the new mall. Mayor Pro Tem Petsos related that consultants have reported that there would be a marginal effect on the Merritt Square Mall however the mall would not close i completely. Discussion continued on the possible impact of the new mall. Mr. Morgan said that he would like to see more information on the project. Mayor Pro Tem Petsos i said that a presentation on the project might have been beneficial for background purposes and he also expressed that the Council might not be in a position to take action on a project in another city. Council instructed the City Manager to relate that the Council did not have enough background information to make an informed decision. i i : C i i City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 5, 2002 Page 5 REPORTS: 1. City Manager • Mr. Boucher distributed renderings of the Al A welcome sign designed by Canaveral Port Authority. Mr. Boucher reported that the location for the sign was not yet chosen. He stated that he met with John Pekar and Chuck England of Stottler, Stagg and Associates and Leo Nicholas and Jovan Barzelatto of the City's advisory Boards to work on a concept for the City's welcome sign. The committee gave SSA some direction on location, possibly a 40 by 40 area on the southern part of the Port leased land. Mr. Boucher reported that the committee suggested a waterfall theme with the welcome sign. Mr. Boucher intended to clarify the committee's direction with the Council insofar as a waterfall theme. Mr. Boucher said that the overhead message board signs were also reviewed. He said that there was room on the southernmost overhead block for an aluminum sign. SSA was tasked to determine the feasibility of that concept with the Department of Transportation. Mr. Boucher related that Malcolm McLouth, Executive Director of the Port Authority, said that the Port was willing to place the sign at the Port's expense. However, if a waterfall theme were used, then the City would be responsible for the balance of cost. Mayor Randels clarified that the Port proposed a 60 -foot, 4-foot high wall with 12 -inch letters that read, `Welcome to the City of Cape Canaveral." This rendition was approved in 1999. Mayor Randels explained that if any other concept were used aside from the rendering, it would require re- location since there is no space for a waterfall on a DOT right -of -way. Mr. Nicholas responded that the sign r was not proposed in the right -of -way. Mr. Boucher reported further that the committee tasked SSA to find a dry location on the southernmost part of the Al A parcel of leased port property for the sign. Once located the committee will reconvene, look at the site and begin to work in more detail with concepts such as the waterfall. Mayor Randels clarified that the City Manager requested that the Port hold off on proceeding with the City's sign. Mayor Randels summarized the consensus in that the Council wanted more than the 4 high sign with block letters. Mayor Randels stated for the Committee's guidance that the consensus of the Council is that the welcome sign is the entrance to Cape Canaveral, we would like to design a sign for the City, and we desire more than what is presented in the rendering from the Port. Mr. Boucher stated that the committee is tasked to find a location as well as to consider a water theme and landscaping to improve on the design rendered by the Port. When the committee returns with a recommendation, they would have a footprint to take into consideration. Mr. Boucher asked for feedback from the Council on an aluminum overhead sign. Mr. Boucher related that traveling northbound approaching the Port, there are overhead message boards. The committee is inquiring about an aluminum sign to utilize available space. Mr. Boucher related another sign consideration for the southbound traveler that would read, "south A1A, Cape Canaveral and Cocoa Beach" to display more information. Ms. McNeely expressed her concern with possible spill over lighting from the overpass. • Mr. Boucher announced a meeting at the Canaveral Port Authority on Friday, February 8 at 10 A.M. concerning revisions to the Port's Future Land Use Plan. He explained this as an opportunity to discover how the Port plans to address its future City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 5, 2002 Page 6 growth. He encouraged Council Members to attend. Todd Peetz, City Planner, would also attend and Mr. Boucher invited members of the Planning and Zoning Board as well. • Mr. Boucher reported that staff is working on remodeling City Hall. Mayor Pro Tem Petsos related that the Sheriffs Department is willing to relinquish half of the bay and he would like to pursue using that portion of the bay for Council chambers and moving the Building Department to the Council Chambers. • Mr. Boucher reported that the Navy Band cancelled for the Patriots Day Parade event. Ms. Hanson expressed that official events take priority for the Navy Band. Mayor Pro Tem Petsos related that Cocoa Beach High School is attending a state championship. • Mr. Boucher reported that the Beautification Board ordered a bronze plaque and pedestal for the Bennix dedication and they would schedule a dedication once the plaque shipping date is near arrival. • Mr. Boucher reported that the Recreation Board is working on the George Firkins dedication at the Manatee Sanctuary Park. A park clean up is underway. • Mr. Boucher referred to a grid that displayed the business owners who have agreed to the A1A landscaping project. Mr. Morgan related that he met with Joyce and Jerry Sales and answered as many questions as he was able and he encouraged them to proceed if they were wilting to allow the City to landscape their business. • Mr. Boucher related that he met with Congressman Weldon and Mr. Boucher expressed that it would be appropriate for the City to present the Congressman with an acknowledgement for his work on the beach restoration project. Mayor Randels suggested a Key. Z. Staff Mr. Reid • Mr. Reid noted his quarterly report and growth in the City emphasizing how this affects other related City departments. Chief Sergeant explained that when the Fire Department inspections are performed, parts of construction must wait during the interim. Chief Sergeant commented that a part-time or over -time person would suffice to handle the fire inspection overflow. Chief Sergeant • Chief Sargeant related that some determinations have been made on the Fire Code that would affect the City in that all two - story buildings are required by the State to be retrofitted with alarm systems. Since 1985, no changes were made in the life- safety code however the City of Cocoa Beach requested a ruling which resulted in the exemption that existed which provided for exterior balcony buildings is no longer applicable. Chief Sergeant responded to Mr. Treverton's question on cost for retrofitting in that $10-to $50,000 is his approximation. Chief Sargeant informed that any alarm system that is replaced since 1985 must have a sounding devices in every unit and two devices for some units that do not reach 90- decibels. Chief Sergeant stated that the new requirement is state law with no choice for opting -out. He affirmed for Mr. Morgan that the final interpretation is that of the State Fire Marshall. Chief Sergeant informed that a larger unit, such as Canaveral Towers is required full Cri sprinkler systems within 12 years or to develop an engineered life safety plan. He said that smaller condominiums have the option of separation of each unit by a one -hour ti City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 5, 2002 Page 7 fire barrier or individual stairways for every unit. Chief Sargeant asked for the Council's guidance on how to proceed with administering the code and suggested a minimum of three years to retrofit units with sprinkler systems. He questioned how the City would proceed with enforcement until time to fully enforce this law? Mr. Morgan said why not a letter explaining the new law and revisions. Chief Sergeant restated that he is asking the Council for the number of years to retrofit and would Council agree to mass letters for notification or handle on a case-by-case basis. Mayor Pro Tem Petsos recommended contacting the League of Cities and finding out if they have notified the cities and set a standard timeframe. Attorney McQuagge suggested the following plan of action: 1) identify the buildings 2) notice the appropriate parties and make the compliance period part of the initial notice and 3) hold a public hearing through an agenda Council item for discussion. In contrary to a publication, any party that received notice would have an opportunity to discuss and be heard on public record and that the City has informed them to the best of its ability on the changes and what is expected of them. This process would satisfy any possible liability on the City's part in the case of some unfortunate incident. Council directed a meeting for the Chief Sergeant, Attorney McQuagge and Mr. Boucher to begin implementing the notification plan. City Clerk • No report. City Attorney • No report. AUDIENCE TO BE HEARD: • Mr. Frederick Robinson, a member of the senior advisory council, related the hospital's concem in that the Cape Canaveral hospital expansion project may be thwarted by environmentalists that chose to block the progress. He stated that the City of Cocoa Beach Commission is against the project Mayor Randels related that the City Council was in support of the expansion project. Mr. Robinson responded that the Council's support is appreciated. He stated that a minimal amount of filling is involved. Mr. Robinson expressed that the views of the Cape Canaveral Council are equally as important as the views weighed by the City of Cocoa Beach. • Mr. Roland Carlson expressed his concern with land regulation. He explained that the property he is trying to rent to store the boats is not appropriate for that use unless he expends money for a special exception before the Board of Adjustment The owner had displayed storage signs and was told to remove them unless he went before the Board of Adjustment for a special exception. Mr. Carlson contended that he was speaking of parking registered vehicles with permission of the owner and he explained that this is a source of his income. Mr. Carlson expressed that the City Code does not say anything about a registered vehicle. Attorney McQuagge clarified that Mr. Carlson would need a special exception for the use of storing the boats. Mr. Carlson asked if the Council could waive the fees and stated that he is indigent Attomey McQuagge stated that there is no waiver on the application fee based on indigence to come before the Board of Adjustment Mayor Randels clarified for Mr. Carlson that the City Council does not have the authority to waive the fee of another Board. Mr. Boucher stated from the , City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 5, 2002 Page 8 C code that for proposed zoning amendments or appeals of administrative decisions the fee could be waived by petition to Council. These are the only two conditions. Mr. Carlson asked who makes the decisions of the Board of Adjustment Mr. Boucher responded that the Board is quasi-judicial and their actions are based on findings of fact. Mayor Randels restated for clarification that it is not within the Council's authorization to waive the fee of the Board of Adjustment. 3. City Council Mr. Morgan • Mr. Morgan said that he was going to report on the letter from Mr. Robinson 1 ' and his other item to report on, Jerry and Joyce Sale, was brought up at 1 i another time in the meeting. He had no other items to report. , 1 i 1 Mr. Treverton • Mr. Treverton reported that he rode with Deputy John Potter and he related about I the professionalism and compassion that the Law Enforcement officers show the i citizens. He expressed that he plans to do this every year. 1 i i • Mr. Treverton related that it has been several months since the City of Cocoa Beach , 1 has taken any reuse water. • Mr. Treverton reported that he observed that a child ran in front of his vehicle due to a trolley that had pulled off the road to disembark passengers. Mr. Treverton said that perhaps the flashers or school bus stop arms could be used to help with safe 1 C pedestrian crossing. I Mayor Pro Tem Petsos I • Mayor Pro Tem Petsos asked about the status of the presidential streets signs with i a number after the name according to accession. Mr. Boucher suggested a reflective decal to attach to the sign. 1 • Mayor Pro Tem Petsos asked Mr. Morgan if he approached the hospital on the idea of I a community center. Mr. Morgan responded he was approached and he in tum I approached Mr. Bennix since Mr. Bennix had a blueprint for a community center at 1 one time and he had attempted to put the two parties together, but he has not inquired 1 as to what has developed. Mr. Morgan said that he could put the gentlemen in touch 1 with the hospital. Mayor Pro Tem said that this would be beneficial since the hospital promotes giving back to the community. Mayor Randels reported that he has a .,. commitment from the hospital for staffing and assisting if the City would provide the 1 I building. Also, the county is willing to construct a budding if it remains a County building and the hospital provides staffing. Mayor Pro Tem Petsos concluded that he I would like to see a community center for both youth and seniors. 1 1 • Mayor Pro Tem Petsos asked for more information from the community policing ., 1 office in order to attend the functions that this office sponsors. Mr. Boucher responded I that he would contact Commander McGee for additional information. , 1 • Mayor Pro Tem Petsos asked the City Clerk about the status of the school awards I program. Ms. Stills reported that Cape View Elementary School had agreed to assist 1 with award recipient names however she would continue to pursue the program with 1 1 the Cocoa Beach Jr./Sr. High School. Alp. i gie I I I City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 5, 2002 Page 9 • Mayor Pro Tem Petsos asked for the status of a house on the comer of Orange and Madison Avenues that is operating as a halfway house. Mr. Boucher said that he submitted this concern to the Building Department and he also reported that his Internet research found that the operator is incorporated as a halfway house. Mayor Pro Tem Petsos responded that the operation is not zoned for its use. Mayor Pro Tem Petsos related that the neighbors are concerned about the amount of activity at the house. He requested a status report from staff. • Mayor Pro Tem Petsos asked if the scoring sheets ranking the Stormwater Utility Consultants were made a part of the minutes. Attorney McQuagge recommended that the ranking sheets become part of the minutes for public record. • Mayor Pro Tem Petsos referred to a draft letter to the hospital and that the City Manager asked for issues and concerns that were not included in the final letter. Mayor Pro Tem Petsos requested that the City Manager keep him apprised of changes. • Mayor Pro Tem Petsos inquired about grants to obtain additional officers. Mr. Boucher responded that staff would consider and determine how these officers would remain after the grant expires. • Mayor Pro Tem Petsos thanked the Canaveral Precinct for the daily status reports. Mr. Boucher related from Commander McGee that this daily information would keep Council members informed in a timely manner more than the quarterly reports. Mayor Randels • Mayor Randels reported that on behalf of the City he met the Deputy Governor from the Ukraine and he related that as a result their country plans to bring a satellite to the area. • Mayor Randels attended Congressman Weldon's breakfast for an information session on municipal representative's concerns and how he could help. • Mayor Randels reported that the dredge is now delivering sand to Melbourne Beach however Satellite Beach and Indian Harbour Beach would not be dredged. • Mayor Randels reported on the proposed trolley expansion that would deliver the trolley one additional block to the Jetty Park area, one block north past the Sterling Casino then back to its primary course. Larry Mullins of the Sterling Cruise Line is willing to pay the $1 fee for anyone who rides the trolley ffi as well as provide a gaming incentive. • Mayor Randels announced that Frank's Locksmith is open on N. Atlantic Ave. • Mayor Randels announced that he attended an open house for Pro-Tek Occupational Health a walk -in clinic that is now open at the Port. • Mayor Randels displayed a local business directory published by Gary Kitchens through a private enterprise. • Mayor Randels reported that the COPS Fast Grant would expire on March 31, 2002. • Mayor Randels reported on a possible grant from the Florida Inland Navigation for the following items: public navigation channel dredging, public City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 5, 2002 Page 10 navigation aids and markers, public shoreline stabilization and waterway signs for safety regulations. Mayor Randels explained that on the end of 300 Columbia Drive residents dock boats in the canal. This canal extends to the south end of the wastewater treatment plant and turns north in front of the Manatee Sanctuary Park area A gentleman noticed from an aerial position that there is an inlet that would provide direct access to the deep water. If the inlet were cleaned, direct access could be gained to the deep water without disturbing the Manatee Observation Deck area Mayor Randels said that the application is available is there is any interest. Mr. Morgan noted the Canaveral River is in terrible condition east of Astronaut Blvd. Mayor Randels responded that Mr. Howard Gould would not allow cleaning behind his property that is north of Central Blvd. Mr. Gould would not allow City staff on the drainage ditch easement. Mr. Boucher inquired if action could be taken to compel Mr. Gould to allow the City to clean that portion of the ditch due to health/safety reasons. Attorney McQuagge stated that the City has an access easement. Mr. Boucher responded that the heavy equipment requires more room than the easement allows. ADJOURNMENT: There bleiftg.gagihpr business the meeting was adjoumed at 9:45 P.M. Twei • , . f f f A Rocky Randels, MAYOR rpfrer'z 4 E 1